Senior Partner
A cruise vacation is supposed to be a stress-free escape—a time to relax, explore, and unwind … and eat way too much. My family and I have taken a handful of cruises over the years to some fantastic destinations and always had a great time. But when an injury-accident happens at sea, a relaxing trip can quickly become a legal nightmare. Cruise ship injuries can involve anything from slips and falls on wet decks to medical malpractice onboard, to injuries sustained during excursions. For passengers, understanding your rights—and the cruise line’s legal obligations—is essential if something goes wrong.
Unfortunately, many cruise ship passengers don’t realize until it’s too late that their ability to pursue compensation for an injury is sharply limited by the fine print in their cruise documents.
Cruise Lines Owe a Duty of Reasonable Care
Cruise companies are not automatically liable for every injury that occurs on board. However, they do have a legal duty to exercise “reasonable care under the circumstances” to protect passengers from harm. This standard is defined under federal maritime law, not state law, and applies to the entire passenger experience—from embarkation, to onboard activities, to excursions organized by the cruise line.
If a cruise line fails to maintain safe walkways, ignores a known hazard, fails to properly train staff, or provides substandard medical care, it may be held liable for negligence. But even when negligence is clear, the path to holding the cruise company accountable is anything but simple.
Cruise Contracts Limit Where—and When—You Can Sue
Most major cruise companies, including Carnival, Royal Caribbean, and Norwegian, include in their passenger ticket contracts a clause that limits where a lawsuit can be filed and how long you have to bring it. These clauses are legally enforceable and are typically buried in the cruise documents or linked through a website.
A common provision is the forum selection clause, which requires that any lawsuit be filed in a specific court—often in a city far from where the passenger lives. For example, Holland America Line (HAL) mandates that lawsuits against it must be filed only in federal court in Seattle, Washington. If the injured passenger files a lawsuit elsewhere, even if it’s more convenient for the injured passenger, HAL will have your case dismissed.
Even more critical is the statute of limitations set by these cruise contracts. While most personal injury lawsuits brought in the state of Washington allow three years to file suit, cruise contracts commonly impose a strict one-year deadline from the date of the injury. If you miss this deadline—even by a day—you will likely lose your right to sue altogether.
What Passengers Should Do After an Injury
If you’re injured on a cruise ship, it’s important to act quickly and strategically:
- Report the injury immediately to cruise staff and request a copy of any incident report.
- Document the scene with photos and gather names of witnesses.
- Seek medical treatment and keep detailed records of all care received.
- Read the cruise contract carefully to identify the venue and deadline for filing a lawsuit.
- Contact an experienced attorney as soon as possible—ideally one familiar with maritime law.
Don’t rely on the cruise line to tell you what your rights are. They are not obligated to advise you on how to preserve your legal claims—and in fact, they are often counting on passengers not taking action in time.
Know Before You Sail
Cruise injuries can involve complex legal issues that differ significantly from typical land-based personal injury claims. With short deadlines and restrictive venue clauses, passengers who wait too long or file in the wrong court may find themselves out of luck. The key is to know your rights early and act quickly.
If you or a loved one was injured during a cruise, talk to a law firm that understands the ins and outs of cruise ship liability. Think, Stritmatter Law and yours truly. You deserve guidance, accountability—and justice.